This court dismissed a bail application in a rape case involving a mentally challenged girl. The judgment emphasized the seriousness of the offence and the severe punishment associated with it, holding that the application did not deserve to be allowed.
Application for bail dismissed.
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33-BA-348-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
BAIL APPLICATION NO.348 OF 2023
VICKY @ BALU SHIVAJI WAGHMARE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Advocate for Applicant : Mr. S. K. Chavan
APP for Respondent: Mr. S. P. Sonpawale
CORAM : S. G. MEHARE, J.
DATE : 27.03.2023
PER COURT :
1. Heard the learned counsel for the applicant and the learned
A.P.P. for the State.
2. The applicant has been arraigned as an accused of the offences punishable under Sections 376(2) (J), 376(2) (L) of Indian Penal Code.
3. A serious crime of committing a rape with mentally challenged
girl has been registered against the applicant.
4. The learned counsel for the applicant would submit that the
investigation has been completed. Nothing is to be recovered from the
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33-BA-348-2023.odt
applicant. There are no antecedents to his discredit. He has family
responsibility. Therefore, he may be released on bail.
5.The learned A.P.P. would submit that the applicant did forcible
sex with the girl who is not mentally sound. Since she shouted, the
first informant reached on the spot of the incident and saw the
applicant present. The victim was naked. When the first informant
reached, the applicant fled away. The offence is serious. It is not a
good case for bail. Hence, the application may be dismissed.
6.Perused the papers. It has been alleged that the applicant did
forcible sex with a woman who is mentally unfit. The first informant
reached on the spot of the incident and witnessed that the applicant
did forcible sex with a mentally unfit girl. Apparently, the offence is
serious. The punishment provided for such offence is severe.
Considering the gravity of the offence, the application does not deserve
to be allowed. Hence, the application stands dismissed.
ysk
1 issue framed by the court
Whether bail should be granted to an accused charged with rape involving a mentally challenged girl.
1 provisions across 1 enactments
VICKY @ BALU SHIVAJI WAGHMARE
THE STATE OF MAHARASHTRA
S. G. MEHARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court